· 7/28/1993
Melinda C. Frank v. Howard R. Relin, Individually and in His Official Capacity as the Monroe County District Attorney
Citations
- 1 F.3d 1317
- 1993 U.S. App. LEXIS 19751
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that courts give leeway in reading under which capacity a governmental defendant is sued
- reversing grant of summary judgment for defendants where motivation for firing \clearly involved disputed questions of fact\
- reversing grant of summary judgment for defendants where motivation for firing “clearly involved disputed questions of fact”
- reversing grant of summary judgment for defendants where decision to fire “clearly involved disputed questions of fact”
- looking beyond the “doctrinal confusion displayed by [plaintiff’s] memorandum” and focusing on plaintiff’s arguments to determine whether plaintiff should be given opportunity to pursue official-capacity claim
- “the real party in interest in an official capacity suit is the governmental entity and not the named official”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Feinberg, Kearse
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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